South Dakota Landlord-Tenant Laws 2026

Security deposit limits, notice requirements, eviction process, late fees, and more for South Dakota landlords. All citations reference actual South Dakota statutes.

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Disclaimer: This information is provided for general educational purposes only and is not legal advice. Laws change frequently. Always verify current statutes with your state legislature or consult a licensed attorney before making legal decisions.
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Security Deposit Rules

S.D. Codified Laws § 43-32-6.1
Security deposit limited to 1 month rent (2 months if special conditions exist). Must be returned within 14 days (45 days if damage claimed). Itemized statement required.
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Notice Period Requirements

S.D. Codified Laws § 43-32-13
Month-to-month requires 30 days notice (1 full rental period). Lease violation: 3 days for nonpayment, 30 days for other breaches.
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Eviction Process

S.D. Codified Laws § 21-16-1
Nonpayment: 3-day notice to pay or quit. Lease violation: 30-day notice. Court filing for forcible entry and detainer. Expedited process available.
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Late Fee Rules

S.D. Codified Laws § 43-32-1
No statutory cap on late fees. No required grace period. Fees must be specified in lease.
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Lease Termination

S.D. Codified Laws § 43-32-13
Fixed-term ends per lease. Month-to-month: 30 days notice. Early termination for military deployment.
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Rent Increase Rules

S.D. Codified Laws § 43-32-1
No rent control. No statutory limit on increases. Proper notice required for month-to-month tenancies.
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Habitability Standards

S.D. Codified Laws § 43-32-8
Landlord must maintain premises in compliance with building and housing codes, keep common areas safe, maintain plumbing, heating, and electrical systems.
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Landlord Entry Rules

S.D. Codified Laws § 43-32-32
Landlord must give at least 24 hours notice before entry. Entry at reasonable times. Emergency entry without notice.
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Fair Housing Protections

S.D. Codified Laws § 20-13-20
South Dakota Human Relations Act prohibits discrimination based on race, color, creed, religion, sex, ancestry, disability, national origin, and familial status.
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